State v. Eugene M. Perkins, 2004 WI App 213, PFR filed 11/9/04 For Perkins: Jeffrey W. Jensen Issue Whether expert testimony is required to establish the victim’s mental illness, an element of § 940.225(2)(c). Holding: This element may be shown through credible lay opinion testimony: ¶17 Here, the State had to prove four things: (1)… Read more
D. Ch. 940: Against life/body
State v. John F. Powers, 2004 WI App 156 For Powers: Marcus J. Berghahn; John D. Hyland Issue/Holding: An employee of the Tomah VA Medical Center is not an employee of an in-patient treatment facility within the meaning of §§ 940.225(2)(g), 940.295(2)(b), (c), (h), (k), and 50.135(1), because the Center is not licensed or approved… Read more
State v. Jimmie Davison, 2003 WI 89, reversing 2002 WI App 109, 235 Wis. 2d 715, 647 N.W.2d 390 For Davison: Keith A. Findley, UW Law School, Criminal Appeals Project Issue/Holding: The legislature did not intend to preclude cumulative punishments for both aggravated battery, § 940.10(6) and battery by prisoner, § 940.20(1), for the same conduct. ¶¶47-111… Read more
State v. Waylon Picotte, 2003 WI 42, on certification For Picotte: John T. Wasielewski Issue: Whether conviction for homicide is barred because the victim did not die within a year and a day of infliction of the fatal injuries. Holding: ¶5. We disagree with the circuit court and hold that the defendant’s conviction in this case is… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: Wis. Const. Art. I, § 25 (right to bear arms) does not establish a privilege defense to CCW, § 941.23, under § 939.45. As to subs. (1): “The existence of random, albeit frequent, criminal conduct in one’s vicinity does… Read more
State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03 For Zimmerman: Keith A. Findley, UW Law School Issue/Holding: Although “most of the persuasive evidence against” Zimmerman was his own statements and alibi; and although a conviction may not be based solely on a negative inference drawn from the defendant’s own version, other evidence… Read more
State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue/Holding: ¶25. Krawczyk next argues that he was incorrectly charged as “a party to the crime” of felony murder and that this error also rendered his plea to that offense unknowing. We agree with Krawczyk that the State did… Read more
State v. Anthony M. Cotton, 2003 WI App 154 For Cotton: Timothy T. Kay Issue/Holding: ¶19. Following the preliminary hearing and bindover, the State filed an information containing new charges pertaining to Cotton’s encounter with Paikowski-one count of battery or threat of battery to Paikowski and a further similar count regarding Paikowski’s family pursuant to… Read more
